Even a first theft offense can be a felony regardless of value, and small misdemeanor thefts can be enhanced to a felony by prior convictions.
The biggest misunderstanding about theft is that even a first offense can be a felony, regardless of value. Copper is the clearest example: stealing copper from a construction site or a home-building site is automatically a felony in any amount. Fifty dollars' worth still supports a felony charge.
The other point people miss is that small misdemeanor thefts can be enhanced to a felony by multiple prior convictions. The firm has represented a man in his seventies charged with a felony for taking grooming products and underwear from a Walmart, items worth no more than fifty dollars, because of his prior shoplifting history.
Barrera Defense represents people accused of theft and shoplifting in Floresville, Wilson County, Atascosa County, and Karnes County, and examines the value allegation, the enhancement paragraphs, and the evidence tying the accused to the property.
Citation: Texas Penal Code §31.03
Degree and classification: Graded by value, from a Class C misdemeanor under $100 up through a first-degree felony at $300,000 or more. Several categories, including copper and metal theft and repeat offenses, are treated as felonies regardless of value.
Statutory language: A person commits an offense if he unlawfully appropriates property with intent to deprive the owner of property.
Past results do not guarantee or predict a similar outcome in any future case. Every case is decided on its own facts.